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R-13-12 A RESOLUTION GRANTING A USE PERMIT (UP-13-03) TO KROGER LIMITED PARTNERSHIP I, TO CONSTRUCT A PHARMACY DRIVE- THRU WINDOW AT 2900 TURNPIKE ROAD. WHEREAS, Kroger Limited Partnership I, contract purchaser of the subject property, has made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct a pharmacy drive-thru window at 2900 Turnpike Road, Portsmouth, Virginia; and WHEREAS, the Economic Development Authority of the City of Portsmouth, Virginia, the owner of the property, has consented to the filing of the application; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Complies with the applicable standards of the Zoning Ordinance; (b) Is consistent with the comprehensive plan; (c) Is compatible with the character of surrounding lands and the uses permitted in the subject property's zoning district; (d) Is configured to minimize adverse effects, including the visual impacts of the proposed use on adjacent lands; (e) A voids significant deterioration of water and air resources, and other natural resources; (t) Maintains safe and adequate egress and mgress onto the site and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in their zoning district(s); (h) Complies with all other city, state, and federal laws and regulations. 2. That Kroger Limited Partnership I is hereby granted a use permit pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to construct a pharmacy drive-